The insured is entitled to an insurance claim despite the insurer's repudiation, as the evidence shows compliance with safety regulations.

1. Heard Mr. Sanjoy Kumar Ghosh, Advocate, for the complainant and Mr. Amit Kumar Singh, Advocate, for the opposite parties.

2. Shyam Ferro Alloys Limited (the Insured) has filed above complaint, for directing The New India Assurance Company Limited (the Insurer) to pay (i) Rs.1,69,79,277 with interest @21% per annum from 18.11.2004 till the date of payment, towards insurance claim, (ii) Rs.15 lakh, as compensation for business loss and mental agony, (iii) Cost of litigation; and (iv) Any other relief, which is deemed fit and proper in the facts and circumstances of the case.

3. The facts as stated in the complaint and emerged from the documents attached with it, are as follows:
(a) Shyam Ferro Alloys Limited (the Insured) was a company, registered under the Companies Act, 1956 and engaged in manufacture and supply of steel and Ferro - alloys. The Insured had two factories, i.e. one at Burdwan, commissioned in the year 1997 and other at Durgapur, commissioned in September, 2002. For manufacturing steel and Ferro - alloys, the Insured installed Furnace, which had submerged Arc Furnace with three electrodes. Its functioning is that high current at low voltage is supplied through transformer in electrodes, which produces arc in the charge. This charge consists of ore, reductant and fluxes. The ore are oxides of Manganese / Chromium / Iron / Silicon / Calcium, which have to be reduced by reductant like Charcoal, Cill - coke, Breeze coke, LAMC etc. The flux consists of Dolomite / Quartz, Feldspar etc., which helps in expediting the reducing reaction. The outputs are Ferro - Alloy, Slugs and gases (passing through chimney in air). Ferro - Alloys and Slugs are tapped out in a pan and separated manually in the size as per customer's requirements. Apart from managerial and technical staffs, about 200 workers per shift are employed. The present insurance claim relates to the unit at Raturia Angadpur Industrial Area, Durgapur, district Burdwan, for the loss occurred, due to fire incident on 18.11.2004 at second floor, where, Transformer, Transformer flexile (copper), Transformer wall plates (copper), Copper bus tubes, Equalizers, Air cooled copper flexible, Electrodes hoisting, Cylinders, Slipping Cylinders, Hydraulic power pack, Hydraulic Hose pipes, EMUT Feeders, Batch weighing load cells etc. were installed.
(b) The Insured obtained "Standard Fire And Special Perils Policy" No. 512502/11/03/01140 from The New India Assurance Company Limited (the Insurer), for the period of 2.1.2004 to 1.1.2005, for a sum insured of Rs.9 crores (i.e., Rs.one crore, on the Building and Rs.8 crores, on Plant & Machinery and Accessory), at factory premises. The Insured had credit facility from West Bengal Financial Corporation, Kolkata and Allahabad Bank.
(c) On 18.11.2004 at about 18.50 hours, Srinivasan Raju, an employee, who was at crane bay, observed flames in 2nd furnace at 2nd floor. He immediately rushed to furnace floor and switched off the furnace and instructed other furnace operators to switch off the furnace to avoid any short circuiting. Then he rushed to second floor and observed heavy flames around the furnace. He alarmed the Supervisor. The staff started firefighting with the fire devices installed there. They also informed Fire Service Station, at Durgapur, from where fire tenders were deputed on the spot, which could control the fire in three hours. The Insured informed the fire incident to police station, where FIR No. 602 was registered on 18.11.2004.
(d) The Management formed a Committee of Senior Technical Officers of the factory to find out the cause of fire. The Committe